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HomeMy WebLinkAbout97-422 f)-b ~ ..",.,,",,,,<::n i'.;.....~ MlCllOFllMEIJ " . . 9766437 BK 3002 PG 413 OFFICIAL RECORDS OF MOHAVE COUNTY, Ai JOAN MC CALL, MOHAVE COUNTY RECORDER 12/09/97 04:01P PAGE 1 OF 2 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-422 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF SUNLAKE VILLAGE, TRACT 3700, BEING A SUBDIVISION OF A PORTION OF SECTION 21, TOWNSHIP 14 NORTH, RANGE 20 WEST, IN THE LAKE HA V ASU CITY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December I, 1997, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by Maureen M. Tate of Nationwide Homes, Lake Havasu City, Arizona (authorized agent of the owner), for the above-described Preliminary Subdivision Plan. Sunlake Village, LLC, is the owner of record. The new project engineer is A-N West, Inc., of Bullhead City, Arizona, and WHEREAS, the subdivision is located immediately north of Lake Havasu City. The property is accessed directly via State Highway 95, south of Lake Drive, and WHEREAS, the Preliminary Plan depicts 56 acres subdivided into 160 single-family residential lots and several parcels. The residential lots range in size from 7,500 to 13,230 square feet. A conditionally commercial parcel that had been included in Tract 3700 was administratively removed from the tract in 1996 to process separately, at the request of the developer, and WHEREAS, the owner's agent has indicated in a letter dated September 29, 1997, that an Extension of Time is being requested in order to give the developers time to process the second of four proposed phases, and WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on January 3, 1994, per BOS Resolution No. 94-3. A revised Preliminary Plan was conditionally approved by the Board on February 6, 1995, per BOS Resolution No. 95-30, and was given a new two-year period of approval. Subdivision Regulations, Article 3.10-1 states: "Upon application to the Commission and prior to the expiration of the time limit, extensions in increments of one (I) year may be granted by the Board of Supervisors if the subdivider is actively processing the Final Plat. If such action is not taken then all proceedings relating to the plat shall be terminated.", and WHEREAS, the Final Plat for Phase A of this subdivision was recorded on November 8, 1995. The as-built improvement plans for the improvements in Phase A were approved and all remaining assurances that had been posted for that phase were released to the developer by the Board on January 6, 1997, per BOS Resolution No. 97-2, and . . PAGE 2 OF 2 e.K 3002 f'G 414 FEE~9766437 RESOLUTION NO. 97-422 Page 2 WHEREAS, the Mohave County Public Works Department has indicated that upon receipt of any additional submittals of this project for processing, the adequacy of the drainage and compatibility of this proposed subdivision with surrounding development will be reviewed. They have recommended that any required changes or modifications will be the responsibility of the developer, and WHEREAS, this extension will constitute both the first and second Extensions of Time, and WHEREAS, the following are Findings of Fact for the above captioned item: a. All notices have been advertised and posted according to regulations. b. This request complies with the Extension of Time Policy based on the following: Despite the delinquency of the request for this extension, a phase of this subdivision has been recorded within the previous two years, and the Final Plat for the second phase is currently in review. Under the Subdivision Regulations it is the responsibility of the developer to request, prior to the expiration of the conditional approval of the Preliminary Plan or extensions thereof, an extension of the approval of the project. The Extension of Time Policy adopted in early 1995 states in part: "Upon expiration of the approval for the Preliminary Plan, the Department will notify the developer and/or the engineer ofrecord." The developer did not request the Extension of Time as required by the regulations, The county notified the developer of the expiration of the project approvals, but contrary to the provisions of the policy, did not do so until the completion of the review of the Final Plat submitted by the developer, the submittal having been made five months after the expiration of the Preliminary Plan, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 12, 1997, the Commission recommended APPROVAL of an Extension of Time for the Preliminary Plan subject to the following conditions: I. Compliance with all conditions ofBOS Resolution No. 95-30. 2, This Extension of Time will be in effect until February 6, 1999. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, November 15, 1997, and posted on November 14, 1997, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. tJAd:;/ ~~ / Carol S. Anderson, Chairman